Abawaji v. Belte

Filing 41

ORDER ADOPTING 40 Report and Recommendation. Petitioner's second amended petition for writ of habeas corpus (Dkt. 15 ) is DISMISSED with prejudice. In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is DENIED. Signed by Judge Richard A. Jones. **2 PAGE(S), PRINT ALL**(Kebede Abawaji, Prisoner ID: 387452)(TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KEBEDE ABAWAJI,
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Petitioner,

Case No. C18-0193-RAJ

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v.
ORDER DISMISSING FEDERAL
HABEAS ACTION

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ERIC JACKSON,
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Respondent.
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The Court, having reviewed petitioner’s second amended petition for writ of habeas corpus,

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respondent’s answer to the petition, the Report and Recommendation of Mary Alice Theiler,

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United States Magistrate Judge, any objections thereto, and the remaining record, hereby finds and

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ORDERS:

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(1)

The Report and Recommendation is approved and adopted;

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(2)

Petitioner’s second amended petition for writ of habeas corpus (Dkt. 15) is

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DISMISSED with prejudice on the grounds that petitioner’s federal habeas claims are unexhausted

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and procedurally barred;

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(3)

In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the

United States District Courts, a certificate of appealability is DENIED; and
ORDER DISMISSING FEDERAL
HABEAS ACTION - 1

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(4)

The Clerk is directed to send copies of this Order to petitioner, to counsel for

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respondent, and to the Honorable Mary Alice Theiler.

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DATED this 12th day of March, 2019.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER DISMISSING FEDERAL
HABEAS ACTION - 2